unconstitutional

Inward Focus (Split Canyon Distraction Mix)

[#resist]

Protesters demonstrate on 16 September 2017 in Tunis against parliament passing an amnesty law for officials accused of corruption under toppled dictator Zine El Abidine Ben Ali. (Photo: Agence France-Presse)

There is nearly a joke waiting here—

Hundreds of Tunisians protested on Saturday in the streets of the capital against a widely contested new law that grants officials from the former regime involved in corruption amnesty from prosecution.

Tunisia’s parliament on Wednesday approved a law protecting officials accused of graft during the rule of autocrat Zine El-Abidine Ben Ali, triggering angry protests by the opposition and activists.

Waving flags and banners saying “No to forgiveness”, “Resisting against mafia rule”, around 1,500 people marched through the capital’s central Avenue Habib Bourguiba in the company of opposition leaders.

After months of protests, the law was amended from an original draft which would have also granted amnesty to corrupt businessmen. Now they will be liable to prosecution for crimes committed during Ben Ali’s 24-year rule.

(Reuters)

—because it should not be quite so easy for Americans to empathize so proximally.    (more…)

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The Donald Trump Show (Confiscate the Guns)

Donald Trump: "I would do stop-and-frisk. I think you have to. We did it in New York, it worked incredibly well and you have to be proactive and, you know, you really help people sort of change their mind automatically, you understand, you have to have, in my opinion, I see what's going on here, I see what's going on in Chicago, I think stop-and-frisk. In New York City it was so incredible, the way it worked. Now, we had a very good mayor, but New York City was incredible, the way that worked, so I think that could be one step you could do." (Photo: Carlo Allegri/Reuters, 2016)

“When Trump recently told African-American communities, ‘What do you have to lose?’ he neglected to mention the answer: Fourth Amendment rights.”

Steve Benen

Or, more specifically:

At a Fox News event this week, Donald Trump seemed to endorse taking “stop-and-frisk” policies to a national level to address urban crime. “I would do stop-and-frisk,” the Republican said. “I think you have to. We did it in New York, it worked incredibly well and you have to be proactive and, you know, you really help people sort of change their mind automatically.”

Of course, what Trump doesn’t seem to understand is that stop-and-frisk didn’t work “incredibly well” at all, and when challenged in the courts, the policy was ruled unconstitutional.

When Trump recently told African-American communities, “What do you have to lose?” he neglected to mention the answer: Fourth Amendment rights.

Nor is the punch line the whole of it. The msnbc producer continues:

Trump, who’s never demonstrated any real understanding of criminal-justice policy, apparently likes the idea of police being able to stop-and-frisk Americans―including those who’ve done nothing wrong and have been accused of no crimes―effectively at the discretion of individual officers. If the police find a gun, under Trump’s vision, it will be taken away.

In other words, the NRA’s favorite presidential candidate―the Republican who’s benefiting from millions of dollars in NRA campaign money and claims to be a great champion of the Second Amendment―is on board with a policy in which government officials approach random American pedestrians and confiscate their firearms without due process.

(more…)

Two Cents on Tinfoil (Chief Injustice)

U.S. Supreme Court Chief Justice John Roberts at New York University School of Law, 20 November 2015. (Photo: Rick Kopstein/ALM)

To the one, who really likes Chief Justice John Roberts?

No, I mean, sure, you know, his wife and all, but still, is there any one of us who not only isn’t disappointed by Roberts’ general unreliability but, also―in counterpoint to the proposition that one must be doing something right if everyone is complaining―comprehends his underlying legal and juristic outlook well enough to properly endorse it?

To the other, there is this:

What explains the rise of Donald Trump? The right-wing blogosphere has a theory: Trump’s success in taking over the Republican party was caused by Chief Justice John Roberts’ contempt for the rule of law.

The argument, put forth in slightly different forms in recent days by Georgetown law professor Randy Barnett and Cato Institute scholar Ilya Shapiro, goes like this:

Roberts knew that the Affordable Care Act, aka Obamacare, was unconstitutional. He even said so in his majority opinion in NFIB v. Sebelius, the case that upheld Obamacare, with Roberts casting the decisive vote. But, after declaring that Obamacare violated the Commerce Clause, Roberts invented a different constitutional argument under the taxing power to save the law, even though he knew that argument was wrong.

He did this because Roberts doesn’t believe judges should overturn laws enacted by political majorities, even when those laws violate the Constitution. Roberts in effect told conservative voters to go elect their own Constitution-trashing strongman, instead of asking courts to restrain tyrants such as Obama and Trump.

Paul Campos apparently drew the short straw over at Salon, and had to spend enough time picking through right-wing tinfoil to figure out what the hell they were saying. And while we owe him thanks, we also might beg pardon if the striking stupidity he describes seems unbelievable, a word here intended to mean, “pretty much what we expect”.

Here’s the tricky part:

The vast majority of constitutional law scholars don’t believe Obamacare violates the Constitution, but never mind that. The far loopier claim is that John Roberts, of all people, upheld Obamacare because he doesn’t believe in striking down democratically-enacted laws. This is the same Roberts who provided the deciding vote to gut the Voting Rights Act, to overturn decades-worth of campaign finance laws, and to strike down gun control legislation, to name just a few of the many cases in which Roberts has shown no hesitation to overturn the decisions of political majorities.

Er―ah … yeah. I’ll just be over in the corner, muttering to myself. Something about matters of fact and opinion.

That, and a potsherd wrapped in tinfoil wrapped in neurotic crisis.

____________________

Image note: U.S. Supreme Court Chief Justice John Roberts at New York University School of Law, 20 November 2015. (Photo: Rick Kopstein/ALM))

Campos, Paul. “This is the dumbest Donald Trump theory yet: It’s all about John Roberts”. Salon. 13 May 2016.

A Memo to Mike Huckabee (Civic Leadership)

Former Arkansas Gov. Mike Huckabee waits backstage before speaking during the Freedom Summit Saturday, Jan. 24, 2015, in Des Moines, Iowa (AP Photo/Charlie Neibergall)

MEMORANDUM

To: Mike Huckabee

re: Civic leadership

So … Mike―

The two-time Republican presidential also-ran lashed out Erickson, again on Fox News, accusing the conservative of attempting “to blow up the Republican Party.”

“The message that’s coming across is the voters are stupid so we’ll figure out a way to make the decision for you because we don’t trust your decision,” Huckabee complained of Erickson’s anti-Trump effort.

(Tesfaye)

―you do realize, do you not, that sometimes that’s exactly what civic leaders are expected to do?

In our own American heritage we say the Constitution is not a suicide pact. In our human endeavor, we might simply say that civilized society is not a suicide pact. Observably, the Donald Trump phenomenon disdains either expression.

(more…)

The Bobby Jindal Show (Fun Time Sneak Leak Preview)

Republican Governor of Louisiana Bobby Jindal speaks at the Iowa Faith and Freedom Coalition's forum in Waukee, Iowa, April 25, 2015. (Photo by Jim Young/Reuters)

“If we want to save some money, let’s just get rid of the court.”

Gov. Bobby Jindal (R-LA)

Sometimes the question of where to start is not so easily resolved. The essential point to remember is that Louisiana Gov. Bobby Jindal, perhaps hoping to impress conservative voters as he prepares a 2016 Republican presidential nomination bid, has seemingly run out of room to maneuver against marriage equality. Yesterday’s ruling in the Fifth Circuit Court of Appeals was the third, and yet Mr. Jindal still desperately seeks to delay:

But while Gov. Bobby Jindal’s administration previously had said it was waiting on that 5th Circuit Court of Appeals ruling before recognizing same-sex marriages, top state officials dug in their heels Wednesday and said they wouldn’t change course until a district court orders them to do so.

That only widens the gap between the administration and the reality on the ground across the state. Clerks or other officials in nearly all parishes have now said they will issue licenses to same-sex couples, even as Jindal administration officials continue to tell state agencies to hold off on accepting them as valid.

The administration’s delay in accepting the Supreme Court’s ruling may be behind another point of conflict that cropped up on Wednesday as members of newly married same-sex couples seeking to change the name on their driver’s licenses to reflect their union found their efforts thwarted by the Office of Motor Vehicles.

The ruling by a three-judge panel of the 5th Circuit appeared to address the administration’s stalling.

The Supreme Court’s ruling is “the law of the land and, consequently, the law of this circuit and should not be taken lightly by actors within the jurisdiction of this court,” the ruling said.

“We express no view on how controversies involving the intersection of these rights should be resolved but instead leave that to the robust operation of our system of laws and the good faith of those who are impacted by them.”

The panel then ordered district judges who have overseen cases involving same-sex marriage, including U.S. District Judge Martin Feldman in New Orleans, to issue final judgments in their cases legalizing and recognizing same-sex marriage by July 17.

Normally that ruling, and any judgments that come from the lower courts, would be largely procedural measures now that the Supreme Court has decided the issue. And, indeed, that’s how they have been treated in most of the country, where clerks began issuing licenses immediately after Friday’s ruling.

But Jindal administration officials have said they won’t comply until forced to do so. While they initially pointed to the 5th Circuit’s decision as the event that would fully grant gay marriage rights in Louisiana, they changed course after the ruling was handed down and said they would continue to follow the state constitution’s ban on same-sex marriages until forced to do so by a lower court.

(Adelson and Shuler)

So, yeah. That’s what is going on in Louisiana. And, you know, there comes a point where this isn’t about anything else than sheer petulant malice.

Or, as Bobby Jindal is wont to call it, leadership.

____________________

Image note: Republican Governor of Louisiana Bobby Jindal speaks at the Iowa Faith and Freedom Coalition’s forum in Waukee, Iowa, April 25, 2015. (Photo by Jim Young/Reuters)

Hensch, Mark. “Jindal: ‘Let’s just get rid of the court'”. The Hill. 26 June 2015.

Adelson, Jeff and Marsha Shuler. “5th Circuit Court tells Louisiana to recognize same-sex marriages; Jindal administration still balks”. The Advocate. 2 July 2015.

A Brief Thought in the Wake of Inevitability

Detail of frame from FLCL episode 5, 'Brittle Bullet'.

This is our thought for the day:

A California judge has ruled against a proposed ballot initiative authorizing the execution of gay and lesbian people, calling the suggested measure “unconstitutional on its face.”

(Reilly)

This is news. Really, that’s the thought for the day. No, the problem is not that it is reported as news. The problem is neither the judge’s decision nor Attorney General Harris’ request.

The outcome itself is pretty obvious; the three-page judgment is two pages paperwork and one page actual court ruling.

It really is unclear why attorney Matt McLaughlin filed the ballot petition; even in the context of simply making a statement all he has managed to do is embarrass himself and denigrate the “traditionalism” homosexuals already recognize as bigotry. One might reasonably wonder if Mr. McLaughlin is a closet provocateur aiming to discredit traditionalists. Even as such, there is nothing of use or even mere dignity about his tantrum. The problem, in the end, is that the news exists at all.

____________________

Reilly, Mollie. “California Judge Throws Out Ballot Initiative Calling For Execution Of Gay People”. The Huffington Post. 23 June 2015.

Cadei, Raymond M. “Default Judgment by Court in Favor of Plaintiff”. Superior Court of the State of California County of Sacramento. 22 June 2015.